HRCP sees collapse of rule of law | Pakistan Press Foundation (PPF)

Pakistan Press Foundation

HRCP sees collapse of rule of law

LAHORE: The Human Rights Commission of Pakistan has expressed concern over “growing anarchy, rising religious militancy, continuing disappearances and judicial crisis due to dysfunctional government.”

Its annual general meeting, held here on Sunday with Asma Jehangir in chair, said that reports of the situation in different parts of the country pointed to a strong link between state agents and militant groups operating in the country with impunity and that resolving such deep-rooted rot in the system of governance was not possible unless representative organs of the state – the military, the mullah and the all-consuming intelligence agencies – are brought under control and prevented from undermining both the state and the societies.

Identifying issues arising out of the review of the “dysfunctional state and governance,” the AGM noted a “complete collapse” of rule of law, coupled with the emergence of many forms of militias that had taken control of parts of the country, most notably in the NWFP. “It all denoted a descent into a state of total anarchy.”

The meeting said the taliban-style militias controlled areas of Tank, Darra Adam Khel and Dera Ismail Khan. A struggle was on for taking control of an area disputed between Peshawar and the Mohmand Agency, affecting at least 100,000 people.

Elsewhere across the country, the AGM added, there had been a complete collapse of law and order. Violent crimes were a daily occurrence in larger cities and small towns across Punjab and Sindh. A sharp rise in the number of cases of kidnap for ransom had been seen everywhere, with inter-provincial gangs operating with apparent impunity.

In Sindh, Hindus were being specially targeted. In Balochistan, rocket attacks and bomb blasts took place regularly, even in Quetta as well as in towns like Pasni and Turbat. As many as 116 blasts had been recorded in the province during the last six months. Power supply installations had been targeted causing immense hardships to the citizens in general and farmers in particular.

The meeting warned that the anarchy currently prevailing showed that the state had lost all writ and was no longer able to protect the lives and property of citizens anywhere. It noted that the government’s flawed devolution schemes had been partly responsible for it.

Referring to the judicial crisis, the AGM observed that the struggle waged by the citizens, and particularly lawyers, against the removal of the Chief Justice of Pakistan and the blatant intervention in the judicial process by the military regime, had underscored the people’s commitment to safeguarding what remained of judicial independence and democratic norms. The AGM supported the efforts of people to protest the actions taken by rulers who now seemed to believe even the most basic rules of democracy and good governance could be pushed aside. The AGM also called on all human rights activists across the country to join the campaign. The AGM reiterated its demand that democracy be restored immediately and held that this was the only way to end the current crisis, begin the process of restoring judicial independence and avoid a plunge into further disaster. The meeting paid its tributes to the bar associations for leading the movement on independence of judiciary.

Referring to the rising religious militancy, the AGM observed that the excesses committed against innocent citizens by the female students of Jamia Hafsa in Islamabad were only the latest phase in accelerated process of talibanisation. The warnings of forced Islamisation, suicide attacks and the setting up of Qazi court by the clerics running the controversial Lal Masjid were even grimmer. The closure of girls school, video and music shops and the delivery of edicts against the NGOs had continued unchecked over the past two years in the NWFP. Areas in Bannu, Malakand and Tank were under taliban-rule. Video shops had been bombed and barbers threatened. The MMA provincial government, for its part, was reported to be considering bans on dance and music, and had already stopped cultural events at educational institutions. The failure of authorities to act against those committing these crimes had invariably emboldened religious fanatics, who were now expanding their activities in major cities.

The AGM was not convinced by President Pervez Musharraf’s assertion that the rampaging women armed with sticks were not being stopped to avoid possible injuries to them during the police action. This was ironic since over the past months, dozens of female political workers, labour leaders, NGO activists had been beaten by police with batons, dragged on the ground and their clothes ripped. The HRCP expected the government to resort to legal measures against anyone defying the law. The only action by the government could not be excessive use of force that it often used against the opponents. “The lack of action in this case only exposed the deep-rooted links between the military and religious jehadi groups, which was the prime factor behind the rising threat to country. It could be ended only by ensuring upholding of the rule of law.”

Referring to disappearances, the AGM observed that the campaign against disappearances by local human rights groups and international monitors had highlighted the extent of the problem. Even the apex court heard petitions on the issue, more people continued to be whisked away by secret agencies, over which the state seemed to have no writ. In many cases the families of victims had been warned not to speak out. The meeting demanded that instead of resorting to a policy of lies and deception, the government make an honest effort to locate the missing persons, try them for their crime they were accused of and inform their families of their whereabouts.

On the socio-economic distress, the AGM observed that the socio-economic plight of the people had been highlighted by significant increase in the number of suicides committed in 2006 and the first few months of 2007. In 2006, at least 2090 people committed suicide, according to a data collected by the HRCP. In most of the cases fiscal difficulties were the motives of the desperate actions. The attempt by a father in Mian Channu area of Punjab to his sons was also reported. The AGM asserted that rather than doling out meaningless individual charity, as was done in this case, the extent of crisis being faced by the people in the country due to rising poverty, inflation and unemployment be addressed. Acute disparity between provinces and regions made matters worse. “People having means to livelihood is a basic duty of the state which must not be ignored any longer and the plight of millions of poverty-stricken citizens be put atop the national priority list.”

Referring to the Balochistan unrest, the AGM observed that in Dera Bugti and Kohlu, where military personnel had staged an operation through much of 2006, repressive tactics continued to be used by law enforcers. There had been many reports of illegal arrests of political activists. The treatment meted out to Akhtar Mengal of the BNP, who was held in a ‘cage’ while appearing before an anti-terrorism court in Karachi, was just one example of victimization of the Baloch nationlist leader. The HRCP had received news of fighting in areas such as Panjgur. The AGM believed that the problems of Balochistan would remain unsolved until the people were fully involved in decision making, issues related to provincial autonomy addressed and a process of political dialogue involving all the parties was initiated.

About attacks on the media, the HRCP AGM observed that threats to media freedom had continued to come from both official and non-official quarters. Journalists had been abducted, threatened and beaten up as part of a campaign to suppress dissent. Whereas some cases, such as the ‘picking up’ by agencies of BBC’s Dilawar Wazir in November last year or the abduction of Peshawer-based journalist Sohail Qalandar early this year by unknown persons had been extensively reported. The HRCP continued to receive many other reports of threats and harassment by reporters who had sought anonymity. Private television channels had also been targeted.

The AGM reiterated its view that suppression of dissent could only aggravate the existing social tensions while the claims of a free media by the official quarters today fooled no one.

On reports of forced conversions, the AGM pointed out that attacks on non-Muslim citizens had taken place across the country, including violence against those belonging to different faiths, and attacks on temples, churches and other places of worship. The AGM was particularly alarmed over the trend of ‘forced conversions’, specially of young women, most notably in Sindh. Reports of false cases registered against Hindus in Sindh, as a means of political victimisation, were equally disturbing. Such violations would continue until policies that could ensure protection of non-Muslims and a recognition of their status as equal citizens were not adopted.

The AGM condemned the establishment’s policy of detaining political dissidents and denying them due process of seeking justice. Such unlawful tactics had never helped any regime in suppressing the democratic opposition and would fail now also. All political workers who were being held without charge must be released forthwith if they could not be tried under the law.

The AGM also criticised the failure of the government in reigning in sectarian militants and its tendency to turn blind eye to the years old confrontation between armed groups, specially in Northern Areas. It said the government would lose whatever little credit it had with the people if it could not restore peace in Northern Areas and all citizens, regardless of their belief, could not be guaranteed security of life and liberty.

The AGM also expressed grave concern over the continuation of jirga justice in Sindh and other parts of the country despite a ban. In most cases, the jirga rulings inflicted sufferings on women and other vulnerable citizens.
Source: Dawn
Date:4/9/2007